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Fri May 3, 2019, 05:47 AM

South Dakota high court takes up case lawyer says could destroy tribal sovereign immunity

PIERRE — A former school principal is alleging he was wrongfully terminated from his job in a South Dakota Supreme Court case that one lawyer said could be an “absolute destruction” of tribal nations’ sovereign immunity.

The Supreme Court Tuesday heard oral arguments for an appeal on a lower court’s August decision to dismiss Timothy Stathis v. Marty Indian School. Marty Indian School, located on the Yankton Reservation in southeast South Dakota, hired Stathis in May 2017, then fired him months before his contract ended in June 2018.

According to court documents, First Circuit Court Judge Bruce Anderson dismissed the case based on tribal sovereign immunity and immunity of tribal officials and employees, a doctrine reiterated in state and federal court decisions stating that sovereign tribal nations have the right to make and uphold their own laws.

But Stathis’ lawyer, James Taylor of Mitchell, is arguing that “tribal immunity as a doctrine should be abandoned or narrowed.”

Read more: https://www.aberdeennews.com/news/sd-high-court-takes-up-case-lawyer-says-could-destroy/article_30b739ae-83d8-5183-8732-451dd828462a.html

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Reply South Dakota high court takes up case lawyer says could destroy tribal sovereign immunity (Original post)
TexasTowelie May 2019 OP
hlthe2b May 2019 #1
2naSalit May 2019 #2
loosebwep Jul 2019 #3

Response to TexasTowelie (Original post)

Fri May 3, 2019, 06:42 AM

1. Sovereign immunity for tribes was conferred on a Federal level--how can any STATE Supreme Court

overturn that?

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Response to hlthe2b (Reply #1)

Fri May 3, 2019, 09:37 AM

2. That's what they do, though.

Idaho does this as does Utah, the Dakotas, Wyoming and ID being about the worst when it comes to tribal sovereignty. Always trying to take their rights, land, water and other resources, challenges in court are constant. The states try to bully the tribes in state courts causing them to go to federal court to fight the war all over again on every issue like a broken record. The industries and their paid politicians are always looking for new arguments to keep trying to take everything away from the indigenous peoples of this hemisphere.

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